38 USC 5705: Records created as part of a medical quality assurance program

About This Project

This project uses data compiled by the Sunshine in
Government initiative, a coalition of journalism and transparency groups. SGI compiled data
from federal agency annual FOIA reports to
track how often b(3) exemptions were used. SGI also standardized the exemptions
since some agencies used slightly different citations of the same laws. In some
cases, agencies listed general laws without specifying a section under which
information was withheld. This project does not include information from agencies
that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

Sec. 5705. Confidentiality of medical quality-assurance records
(a) Records and documents created by the Department as part of a
medical quality-assurance
program (other than reports submitted pursuant to section 7311(g) \1\ of
this title) are confidential and privileged and may not be disclosed to
any person or entity except as provided in subsection (b) of this
section.
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\1\ See References in Text note below.
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(b)(1) Subject to paragraph (2) of this subsection, a record or
document described in subsection (a) of this section shall, upon
request, be disclosed as follows:
(A) To a Federal agency or private organization, if such record
or document is needed by such agency or organization to perform
licensing or accreditation functions related to Department health-
care facilities or to perform monitoring, required by statute, of
Department health-care facilities.
(B) To a Federal executive agency or provider of health-care
services, if such record or document is required by such agency or
provider for participation by the Department in a health-care
program with such agency or provider.
(C) To a criminal or civil law enforcement governmental agency
or instrumentality charged under applicable law with the protection
of the public health or safety, if a qualified representative of
such agency or instrumentality makes a written request that such
record or document be provided for a purpose authorized by law.
(D) To health-care personnel, to the extent necessary to meet a
medical emergency affecting the health or safety of any individual.
(2) The name of and other identifying information regarding any
individual patient or employee of the Department, or any other
individual associated with the Department for purposes of a medical
quality-assurance program, contained in a record or document described
in subsection (a) of this section shall be deleted from any record or
document before any disclosure made under this subsection if disclosure
of such name and identifying information would constitute a clearly
unwarranted invasion of personal privacy.
(3) No person or entity to whom a record or document has been
disclosed under this subsection shall make further disclosure of such
record or document except for a purpose provided in this subsection.
(4) Nothing in this section shall be construed as authority to
withhold any record or document from a committee of either House of
Congress or any joint committee of Congress, if such record or document
pertains to any matter within the jurisdiction of such committee or
joint committee.
(5) Nothing in this section shall be construed as limiting the use
of records and documents described in subsection (a) of this section
within the Department (including contractors and consultants of the
Department).
(6) Nothing in this section shall be construed as authorizing or
requiring withholding from any person or entity the disclosure of
statistical information regarding Department health-care programs
(including such information as aggregate morbidity and mortality rates
associated with specific activities at individual Department health-care
facilities) that does not implicitly or explicitly identify individual
patients or employees of the Department, or individuals who participated
in the conduct of a medical quality-assurance review.
(c) For the purpose of this section, the term ``medical quality-
assurance program'' means--
(1) with respect to any activity carried out before October 7,
1980, a Department systematic health-care review activity carried
out by or for the Department for the purpose of improving the
quality of medical care or improving the utilization of health-care
resources in Department health-care facilities; and
(2) with respect to any activity carried out on or after October
7, 1980, a Department systematic health-care review activity
designated by the Secretary to be carried out by or for the
Department for either such purpose.
(d)(1) The Secretary shall prescribe regulations to carry out this
section. In prescribing such regulations, the Secretary shall specify
those activities carried out before October 7, 1980, which the Secretary
determines meet the definition of medical quality-assurance program in
subsection (c)(1) of this section and those activities which the
Secretary has designated under subsection (c)(2) of this section. The
Secretary shall, to the extent appropriate, incorporate into such
regulations the provisions of the administrative guidelines and
procedures governing such programs in existence on October 7, 1980.
(2) An activity may not be considered as having been designated as a
medical quality-assurance program for the purposes of subsection (c)(2)
of this section unless the designation has been specified in such
regulations.
(e) Any person who, knowing that a document or record is a document
or record described in subsection (a) of this section, willfully
discloses such record or document except as provided for in subsection
(b) of this section shall be fined not more than $5,000 in the case of a
first offense and not more than $20,000 in the case of a subsequent
offense.
(Added Pub. L. 96-385, title V, Sec. 505(a), Oct. 7, 1980, 94 Stat.
1535, Sec. 3305; amended Pub. L. 99-166, title II, Sec. 201, Dec. 3,
1985, 99 Stat. 949; renumbered Sec. 5705 and amended Pub. L. 102-40,
title IV, Secs. 402(b)(1), 403(b)(2), May 7, 1991, 105 Stat. 238,
239; Pub. L. 102-54, Sec. 14(d)(4), June 13, 1991, 105 Stat. 285; Pub.
L. 102-83, Sec. 4(a)(2)(F), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105
Stat. 404, 405.)
References in Text
Section 7311(g) of this title, referred to in subsec. (a), was
repealed by Pub. L. 103-446, title XII, Sec. 1201(g)(5), Nov. 2, 1994,
108 Stat. 4687.
Amendments
1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3305 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration''.
Pub. L. 102-40, Sec. 403(b)(2), substituted ``section 7311(g)'' for
``section 4152(b)''.
Subsec. (b)(1)(A), (B). Pub. L. 102-83, Sec. 4(a)(3), (4),
substituted ``Department'' for ``Veterans' Administration'' wherever
appearing.
Subsec. (b)(2). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration''.
Pub. L. 102-83, Sec. 4(a)(2)(F)(i), substituted ``patient or
employee of the Department'' for ``Veterans' Administration patient or
employee''.
Subsec. (b)(5). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration'' in two places.
Subsec. (b)(6). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration'' in two places.
Pub. L. 102-83, Sec. 4(a)(2)(F)(ii), substituted ``patients or
employees of the Department,'' for ``Veterans' Administration patients
or employees''.
Subsec. (c)(1). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration'' wherever appearing.
Pub. L. 102-54, Sec. 14(d)(4)(A), amended subsec. (c)(1) as in
effect immediately before the enactment of Pub. L. 102-40 by
substituting ``October 7, 1980'' for ``the date of the enactment of this
section''.
Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' in two places.
Pub. L. 102-54, Sec. 14(d)(4)(A), amended subsec. (c)(2) as in
effect immediately before the enactment of Pub. L. 102-40 by
substituting ``October 7, 1980'' for ``the date of the enactment of this
section''.
Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' wherever appearing.
Pub. L. 102-54, Sec. 14(d)(4)(B)(i)-(iii), amended subsec. (d)(1) as
in effect immediately before the enactment of Pub. L. 102-40 by
substituting ``The'' for ``Not later than 180 days after the date of the
enactment of this section, the'' in first sentence, substituting
``October 7, 1980,'' for ``such enactment date'' in second sentence, and
striking out ``existing'' after ``provisions of the'' and inserting ``in
existence on October 7, 1980'' after ``such programs'' in last sentence.
Subsec. (d)(2). Pub. L. 102-54, Sec. 14(d)(4)(B)(iv), amended
subsec. (d)(2) as in effect immediately before the enactment of Pub. L.
102-40 by substituting ``An activity may not be considered'' for ``After
the date on which such regulations are first prescribed, no activity
shall be considered''.
1985--Subsec. (a). Pub. L. 99-166, Sec. 201(1), inserted ``(other
than reports submitted pursuant to section 4152(b) of this title)''
after ``program''.
Subsec. (b)(6). Pub. L. 99-166, Sec. 201(2), added par. (6).
Effective Date
Section effective Oct. 7, 1980, see section 601(d) of Pub. L. 96-
385, set out as an Effective Date of 1980 Amendment note under section
1114 of this title.